Direct appeal to the Supreme Court from a district court
Where a statute authorizes a direct appeal to the Supreme Court from a district court in a civil case, 28 U.S.C. 2101(b) requires the appeal to be taken within 60 days after a final judgment, or 30 days after an interlocutory order.
- 28 U.S.C. 2101(b)
- S. Ct. R. 18
- S. Ct. R. 30
Find your appeal deadline
Direct appeals, such as from three-judge district courts.
The entry date of the judgment or order appealed from.
Holidays and court closures
Federal holidays under 5 U.S.C. 6103 are always skipped, including the observed weekday when a holiday falls on a weekend.
For weather or emergency closures. Check the court's notice to confirm it extends deadlines.
How the deadline is counted
- Start from entry of the judgment or order.
- Count 60 days for a final judgment or 30 days for an interlocutory order.
- Move past closed days. Supreme Court Rule 30.1 extends a period ending on a Saturday, Sunday, federal legal holiday or day the Court building is closed.
- File the notice of appeal in the district court under Supreme Court Rule 18.1.
Worked examples
| Example | Entered | Deadline |
|---|---|---|
| Final judgment | Mon, Oct 26, 2026 | Mon, Dec 28, 2026 |
| Interlocutory order | Mon, Oct 26, 2026 | Wed, Nov 25, 2026 |
After the notice of appeal
The appellant must then file a jurisdictional statement with the Supreme Court within 60 days after the notice of appeal is filed under Rule 18.3. Direct appeals are rare; most come from three-judge district courts under 28 U.S.C. 1253. Review by certiorari follows 28 U.S.C. 2101(c), with 90 days.
Common questions
How long do I have for a direct appeal to the Supreme Court?
60 days after a final judgment, or 30 days after an interlocutory order, under 28 U.S.C. 2101(b).
Where is the notice of appeal filed?
In the district court that entered the judgment, under Supreme Court Rule 18.1.
Is this the same as a cert petition?
No. A petition for certiorari is due 90 days after judgment under 28 U.S.C. 2101(c).
Sources
- 28 U.S.C. 2101
- Rules of the Supreme Court of the United States, Rules 18 and 30
Rules last checked October 2026. This calculator does not give legal advice. Confirm the date against the rule and any order in your case.